6In conclusion: decisive features of NEC4

Relative certainty and carpe diem

Temporal longstops and avoidance of delay

The rigour of NEC4 communications coupled with the requirement to fix a period for reply in the Contract Data (Part One) effectively eliminate any significant doubt over when any contractual issue will be resolved. While NEC4 does make provision for consensual extending of timescales,157 it is reasonable to assume that such consensus will only be forthcoming when it is genuinely in both contractual parties’ interest to allow more time for a particular issue. Experience suggests that where NEC4 is properly operated, it is quite rare for communication time periods to be extended. It is perhaps slightly more common on building ...

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